BILL NUMBER: AB 1858	CHAPTERED  09/26/00

	CHAPTER   674
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JUNE 26, 2000
	AMENDED IN ASSEMBLY   MARCH 23, 2000

INTRODUCED BY   Assembly Member Romero

                        FEBRUARY 7, 2000

   An act to amend Sections 22442.2 and 22445 of, and to add Section
6157.5 to, the Business and Professions Code, relating to consumer
protection.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1858, Romero.  Consumer protection.
   (1) Under the State Bar Act, all persons admitted and licensed to
practice law in this state, other than justices and judges of courts
of record during their term of office, are members of the State Bar.
Existing law provides for the regulation of those engaged in the
practice of law, including the means by which they solicit employment
of their legal services, and authorizes the State Bar to bring a
disciplinary action for a violation of these provisions.
   This bill would require each member of the State Bar to include in
all advertisements  seeking  employment  of the member to provide
services relating to immigration and naturalization, to include a
statement that he or she is a member of the State Bar, licensed to
practice law in this state.  This bill would require a law firm or
corporation to include in these advertisements a statement that all
of its legal services are provided by an active member of the State
Bar  or under the supervision of an active member of the State Bar.
This bill would specify that those required statements be in the same
language as the advertisement.  This bill would exempt from these
requirements advertisements in telephone and business directories, as
specified, that state only the name, address, and telephone number
of the entity and would additionally exempt those members employed by
public agencies or by nonprofit entities registered with the
Secretary of State.  This bill would make a violation of these
requirements cause for discipline by the State Bar.
   (2) Existing law regulates the practice of immigration
consultants, defined as persons who provide nonlegal assistance or
advice in an immigration matter.  Existing law makes a violation of
these provisions punishable as a crime and also provides for a civil
penalty not to exceed $10,000 to be assessed and collected in a civil
action by any person injured by a violation of the provisions that
govern the practice of immigration consultants.
   This bill would increase the amount of the civil penalty to
$100,000 for each violation and would require an immigration
consultant to include in any advertisement for services a statement
that he or she is not an attorney, as specified.  Because a failure
to comply with this requirement would be punishable criminally as a
violation of the provisions governing the practice of immigration
consultants, this bill would expand an existing crime, thereby
imposing a state-mandated local program.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6157.5 is added to the Business and Professions
Code, to read:
   6157.5.  (a) All advertisements published, distributed, or
broadcasted by or on behalf of a member seeking professional
employment for the member in providing services relating to
immigration or naturalization shall include a statement that he or
she is an active member of the State Bar, licensed to practice law in
this state.  If the advertisement seeks employment for a law firm or
law corporation employing more than one attorney, the advertisement
shall include a statement that all the services relating to
immigration and naturalization provided by the firm or corporation
shall be provided by an active member of the State Bar or by a person
under the supervision of an active member of the State Bar.  This
subdivision shall not apply to classified or "yellow pages" listings
in a telephone or business directory of three lines or less that
state only the name, address, and telephone number of the listed
entity.
   (b) If the advertisement is in a language other than English, the
statement required by subdivision (a) shall be in the same language
as the advertisement.
   (c) This section shall not apply to members employed by public
agencies or by nonprofit entities registered with the Secretary of
State.
   (d) A violation of this section by a member shall be cause for
discipline by the State Bar.
  SEC. 2.  Section 22442.2 of the Business and Professions Code is
amended to read:
   22442.2.  (a) An immigration consultant shall conspicuously
display in his or her office a notice that shall be at least 12
inches by 20 inches with boldface type or print with each character
at least one inch in height and width in English and in the native
language of the consultant's clientele, the following information:
   (1) The full name, address, and evidence of compliance with any
applicable bonding requirement including the bond number, if any.
   (2) A statement that the consultant is not an attorney.
   (b) Prior to providing any services, an immigration consultant
shall provide the client with a written disclosure that shall include
the immigration consultant's name, address, telephone number, agent
for service of process, and evidence of compliance with any
applicable bonding requirement, including the bond number, if any.
   (c) (1) Except as provided in paragraph (2) or (3), an immigration
consultant who prints, displays, publishes, distributes, or
broadcasts, or who causes to be printed, displayed, published,
distributed, or broadcasted, any advertisement for services as an
immigration consultant, within the meaning of Section 22441, shall
include in that advertisement a clear and conspicuous statement that
the immigration consultant is not an attorney.
   (2) Notwithstanding paragraph (1), a person engaging in the
business or acting in the capacity of an immigration consultant who
is not licensed as an attorney in any state or territory of the
United States, but is authorized by federal law to represent persons
before the Board of Immigration Appeals or the United States
Immigration and Naturalization Service, shall include in any
advertisement for services as an immigration consultant a clear and
conspicuous statement that the consultant is not an attorney but is
authorized by federal law to represent persons before the Board of
Immigration Appeals or the United States Immigration and
Naturalization Service.
   (3) Notwithstanding paragraph (1), a person engaging in the
business or acting in the capacity of an immigration consultant who
is not an active member of the State Bar of California, but is an
attorney licensed in another state or territory of the United States
and is admitted to practice before the Board of Immigration Appeals
or the United States Immigration and Naturalization Service, shall
include in any advertisement for services as an immigration
consultant a clear and conspicuous statement that the consultant is
not an attorney licensed to practice law in California but is an
attorney licensed in another state or territory of the United States
and is authorized by federal law to represent persons before the
Board of Immigration Appeals or the United States Immigration and
Naturalization Service.
   (4) If an advertisement subject to this subdivision is in a
language other than English, the statement required by this
subdivision shall be in the same language as the advertisement.
  SEC. 3.  Section 22445 of the Business and Professions Code is
amended to read:
   22445.  (a) A person who violates this chapter shall be subject to
a civil penalty not to exceed one hundred thousand dollars
($100,000) for each violation, to be assessed and collected in a
civil action brought by any person injured by the violation.
   (b) In addition to the provisions of subdivision (a), a violation
of this chapter is a misdemeanor punishable by a fine of not less
than two thousand dollars ($2,000) or more than ten thousand dollars
($10,000), as to each client with respect to whom a violation occurs,
or imprisonment in the county jail for not more than one year, or by
both fine and imprisonment.  However, payment of restitution to a
client shall take precedence over payment of a fine.
   (c) A second or subsequent violation of Sections 22442.2, 22442.3,
and 22442.4 is a misdemeanor subject to the penalties specified in
subdivisions (a) and (b).  A second or subsequent violation of any
other provision of this chapter is a felony punishable by
imprisonment in state prison.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
